M 12-02-96TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
December 2, 1996
Minutes
TOWN COUNCIL
The Town Council/Parking Authority of the Town of Los Gatos met in the Council Chambers of the
Town Hall, 110 East Main Street, at 7:32 p.m., Monday, December 2, 1996, in regular session.
PRESENTATION TO PATRICK O'LAUGHLIN (00.10)
Mayor Benjamin presented a Commendation from the Town of Los Gatos and a plaque with the Seal
of Los Gatos to Patrick O'Laughlin for his years of service to the Town while serving on the Planning
Commission and the Town Council. Each Councilmember thanked Mr. O'Laughlin for his dedication
and cooperation on the Council. Mr. O'Laughlin spoke of his appreciation concerning the members of
the Commission and Council and of the friendships he had made. He thanked the Mayor and Town
for the opportunity to have served.
OATH OF OFFICE FOR NOVEMBER 5, 1996 ELECTION
Mayor Benjamin noted that the Certification of Election had not been received from the County
Registrar of Voters in time for the swearing in ceremony this evening. The formal presentation of
certificates to the elected officials and the administration of the oath of office will take place
December 9, 1996 at an adjourned regular meeting.
ROLL CALL
Present:Randy Attaway, Steven Blanton, Linda Lubeck,
and Mayor Joanne Benjamin.
Absent:Patrick O'Laughlin.
PLEDGE OF ALLEGIANCE
Given by all in attendance.
CLOSED SESSION
Town Attorney, Larry Anderson, noted that Closed Session was not held before this meeting but will
be held following the Redevelopment Agency meeting and will be reported on immediately following.
CONSENT ITEMS 1-15
SCHEDULE OF PUBLIC HEARINGS (01.01)
Informational report regarding currently scheduled public hearings was received and filed.
COUNTY REFERRALS (02.47)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council approve the recommended action
concerning County Referrals:
NUMBER LOCATION APPLICANT REQUEST
RECOMMENDATION
#2175 16450 Aztec Ridge Modir Grading Abatement No Comment
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#3687 1400 Hicks Road Fee Design Review/Variance
Approval/2 conditions
Carried by a vote of 4 ayes. Mr. O'Laughlin absent.
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PLANNING COMMISSION/PLANNING DEPARTMENT MONTHLY STATUS REPORT (03.47)
Informational report regarding activity of Planning Commission and Department was received and
filed.
COUNCIL CALENDAR OF MEETINGS (04.10)
Informational item presenting future Town Meetings for Council and other Town Boards and
Commissions was received and filed.
PAYROLL RATIFICATION/NOVEMBER 1996 (05.V)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council ratify the check register for the
payroll of November 3 through November 16, 1996, paid on November 22, 1996, in the amount of
$316,700.50. Carried by a vote of 4 ayes. Mr. O'Laughlin absent.
ACCOUNTS PAYABLE/RATIFICATION/NOVEMBER 1996 (06.V)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council ratify the accompanying check
registers for accounts payable invoices paid on November 15 and November 22, 1996 in the amount
of $422,052.97. Carried by a vote of 4 ayes. Mr. O'Laughlin absent.
MINUTES OF NOVEMBER 18, 1996 (07.V)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council approve the Minutes of November
18, 1996 as submitted. Carried by a vote of 4 ayes. Mr. O'Laughlin absent.
LARK AVENUE/CREEK TRAIL/PROJECT 9517/FUNDING INCREASE (08.35)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council approve $5,000 funding increase for
the Lark Avenue Creek Trail - Project 9517. Carried by a vote of 4 ayes. Mr. O'Laughlin absent.
PAID PARKING/VALET PARKING/ZONING AMENDMENT/PARKING COMMISSION (09.40)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council accept the request from the Parking
Commission to refer a Zoning Code amendment to the Planning Commission to provided for pay and
valet parking on public and private lots. Carried by a vote of 4 ayes. Mr. O'Laughlin absent.
56 VILLA AVENUE PROJECT/CAPITAL IMPROVEMENTS/FUND TRANSFER (10.09)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council approve funding for Villa Avenue
projects transferring $35,000 from the general fund appropriated reserve for Capital Improvements.
Carried by a vote of 4 ayes. Mr. O'Laughlin absent.
ROSS CREEK LEASE/SANTA CLARA VALLEY WATER DISTRICT/RESO 1996-149 (11.38)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1996-149 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS RENEWING THE ROSS CREEK LEASE
WITH THE SANTA CLARA VALLEY WATER DISTRICT. Carried by a vote of 4 ayes. Mr.
O'Laughlin absent.
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AUDIBLE TRAFFIC SIGNALS/SIGNAL MAINTENANCE INC./RESOLUTION 1996-150 (12.39)
BLOSSOM HILL & CHERRY BLOSSOM/LOS GATOS BOULEVARD-SHANNON & ROBERTS
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1996-150 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER
TO EXECUTE AN AGREEMENT WITH SIGNAL MAINTENANCE, INC. FOR LEFT TURN
GREEN ARROW OVERLAP AND AUDIBLE PEDESTRIAN SIGNALS. Carried by a vote of 4
ayes. Mr. O'Laughlin absent.
LOS GATOS-SARATOGA ROAD 275/SNACK SHOPS IN SERVICE BAYS/APPEAL (14.09)
CHEVRON STATION/ALCOHOL SALES/RESOLUTION 1996-151
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1996-151 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS GRANTING AN APPEAL OF A PLANNING
COMMISSION DECISION TO DENY A MINOR ARCHITECTURAL AND SITE
APPLICATION FOR THE EXTERIOR REMODEL OF AN EXISTING AUTOMOBILE
SERVICE STATION AND EXPANSION OF EXISTING SNACK SHOP INTO A SERVICE
BAY ON PROPERTY IN THE C-2 ZONE WITH CONDITIONS; ARCHITECTURE AND
SITE APPLICATION PRJ-96-5, which was granted November 18, 1996, coinsiding with the
adoption of the Zoning Code amendment allowing market use at a service station, which becomes
effective December 18, 1996. Carried by a vote of 3 ayes. Mr. O'Laughlin absent. Mr. Attaway
voted no as reflected in previous record.
PARKING IN-LIEU/NORTH OF LOS GATOS SARATOGA ROAD/ORDINANCE 2024 (15.46)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Ordinance 2024 entitled,
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING DIVISION 5, ARTICLE I, OF
CHAPTER 29 OF THE TOWN OF LOS GATOS TOWN CODE REGARDING
NONCONFORMING USES TO ALLOW REMODELING OF BUILDINGS IN THE
DOWNTOWN COMMERCIAL AREA BETWEEN ANDREWS STREET AND LOS GATOS-
SARATOGA ROAD BY PAYMENT OF A PARKING IN-LIEU FEE, TO MAKE CLARIFYING
CHANGES TO THE NONCONFORMING USE PROVISIONS OF THE ZONING CODE,
AND TO CORRECTLY LIST RESIDENTIAL USES IN THE TOWN, which was introduced on
November 18, 1996. Carried by a vote of 4 ayes. Mr. O'Laughlin absent.
HEARINGS
UNIVERSITY AVENUE 50/OLD TOWN SHOPPING COMPLEX/RESOLUTION 1996-152
ENVIRONMENTAL IMPACT REPORT CERTIFICATION/DOWNTOWN SPECIFIC PLAN
(16.09)
Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider
certification of an environmental impact report, a zone change application from C-2-LHP to C-2:PD-
LHP, an amendment to the Downtown Specific Plan to permit construction above the parking lot, and
approval of a preliminary development plan for the partial demolition and rehabilitation of the Old
Town Shopping Complex. Development plans include the demolition of an existing building
containing a restaurant, construction of a new commercial building adjacent to St. Luke's Episcopal
Church, conversion of the auditorium to retail space, expansion and reconstruction of the existing
buildings, and construction of a new commercial building across University Avenue with underground
parking, a) Environmental Impact Report EIR-95-1, b) Zone Change Application Z-95-1, c)
Downtown Specific Plan Amendment DSP-95-1. Property location: 50 University Avenue. Property
owner: Old Town LLC, A California Limited Liability Co. Applicant: Ed Storm
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HEARINGS CONTINUED
UNIVERSITY AVENUE 50/OLD TOWN SHOPPING COMPLEX/HEARING CONT.
Planning Director, Lee Bowman, distributed a chart describing the parking requirements for Old Town
and a comparison to previous and current requirements. He noted that the owners had agreed not to
use back lit signs. He spoke of the Council's obligation to act upon the EIR by the December 16, 1996
Council meeting.
The following people from the audience spoke to this issue:
Ed Storm, applicant of the project, spoke of lowering the height of the building by several feet; the
articulation of the store fronts to look more like individual buildings by design and use of different
materials; keeping the historical elements; committing to no back lit signs; structuring the parking
lot with a removable wall for future access to expanded parking; addressed the traffic issue with the
retail concept of elective shopping at other than peak traffic hours.
Lynn Kennedy, Los Gatos resident, spoke as a prior member of the California Actors Theater, and
noted that she continues to work in the theater industry. She is concerned that the EIR does not
sufficiently address the loss of theater as a cultural resource for the community.
Susan Earle, California Theater Center, 23389 Deerfield Road, Sunnyvale, spoke of the prospect of
negotiating with the owner concerning leasing the theater space, and addressed the activity of this
organization in the past.
Diane Pleasant, 814 Bicknell, Performing Arts Department Chairman at Los Gatos High, asked for
Council's consideration of mandating theater use in the renovation proposal. She also asked that a
grant proposal be considered using the Town's income from the theater uses.
Peri Franz, 16345 Englewood Avenue, requested the continuance of theater usage on the site for the
cultural enhancement of the community.
Valerie Geier, with Geier and Geier Consulting, spoke of the CEQA guidelines concerning the impact
on the community with relation to the projects' economic or social affects which shall not be treated as
significant affects on the environment. CEQA state focus shall be on the physical changes. Structure
is considered but not use. Loss of use is not considered. CEQA mitigation relates to the physical
changes to the building. The historical cultural significance as it relates to the physical building is
considered, not the social impacts. Economic impacts are not considered significant by CEQA
standards.
Ed Storm, remains open to receiving formal written proposals from interested parties concerning the
use of the theater space for cultural activities.
No one else from the audience addressed this issue.
Motion by Mr. Attaway, seconded by Mr. Blanton, to close the public hearing. Carried by a vote of
4 ayes. Mr. O'Laughlin absent.
Motion by Mr. Attaway, seconded by Mrs. Lubeck, to certify that Council has reviewed and
considered the information in the EIR (Exhibit H of Attachment 1) and that the EIR has been
completed in compliance with the requirements of CEQA and State and Town guidelines, and that all
of the mitigation measures have been incorporated into the report. Carried by a vote of 4 ayes. Mr.
O'Laughlin absent.
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HEARINGS CONTINUED
UNIVERSITY AVENUE 50/OLD TOWN SHOPPING COMPLEX/HEARING CONT.
Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council adopt the Mitigation Monitoring
Plan (Exhibit Q of Attachment 4) with the following findings:
A.As required by the Town's Traffic Policy for a community benefit by restoring the historical
buildings of the Old Town Center to viable useful buildings. It eliminates vacancies; allows for
rehabilitation of deteriorating structure; will stabilize the Old Town Center; will protect the adjacent
properties from further decline and stabilize property values.
B.That the Downtown Specific Plan Amendment is consistent with the General Plan and
internally consistent with the Downtown Specific Plan by bringing commercial activity to the downtown
area and enhances the Town's identity.
C.That the zone change is consistent with the General Plan and Downtown Specific Plan.
D.As required by Section 29.80.290(2) of the Town Code for approval of work within an
historic district, the Council determines that the project will enhance the district by restoring the
architectural characteristics of deteriorating buildings, and there will be no adverse affects on the
neighboring structures or character of the historic district.
E.As required by Section 29.10.09030(e) of the Town Code for the demolition of the exterior portion
of the building, the demolition of the Steamer's building and the demolition of the accessory structures,
Council finds that there will be no housing stock loss, and the demolition will preserve the historical and
architectural significance, and the property owner does not have to maintain the structure in its present
condition.
F.As required by Section IV.B of the Redevelopment Plan for the Central Los Gatos Redevelopment
Project, Council finds that the project does meet the use set forth in the Town's General Plan.
G.Council supports the comments in the EIR, Chapter IV, Conformance with Policies and
Codes.
The second by Mrs. Lubeck has one reservation concerning the 24 hour preferential parking district.
She noted that it was part of the mitigation monitoring plan and she would support it for the project to
move forward, but she would like it to be reviewed in the future with the idea of changing it back to
evening only permitting so as to free up some daytime parking in the downtown. Carried by a vote
of 4 ayes. Mr. O'Laughlin absent.
Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council adopt Resolution 1996-152 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS CONCERNING AN AMENDMENT TO
THE LAND USE ELEMENT OF THE DOWNTOWN SPECIFIC PLAN RELATING TO THE
OLD TOWN CENTER. Carried by a vote of 4 ayes. Mr. O'Laughlin absent.
Council comments suggested no backlit or translucent signs; regulations on amplified music (will be
a topic on the Council's workshop in January 1997); number of seats be specified in the ordinance for
restaurants; requirement of removable wall in lower deck parking lot. Mayor Benjamin announced
that the introduction of the draft ordinance would occur later in the evening when staff returned with
these comments and changes noted in the ordinance.
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HEARINGS CONTINUED
SANTA CRUZ AVENUE S 22/LOS GATOS PASTAIO/RETAIL FOOD STORE/HEARING (17.09)
Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider
appeal of Planning Commission decision denying a Conditional Use Permit request to operate a retail
food store and restaurant with outdoor seating on property zoned C-2. Property located at: 22 S.
Santa Cruz Avenue, Suite A. Property Owner: Pacific Properties. Applicant: Los Gatos Pastaio,
Incorporated. Appellants: John J. Ardizzone & Richard R. Ardizzone, Los Gatos Pastaio,
Incorporated.
The following people from the audience spoke to this issue:
Margaret Abrahams, an owner of La Pastaio, spoke of the proposal and the willingness to work with
Council on defining a use permit for a retail food store in this location. Asked for permission to warm
some food on the premises, but noted that all foods would be prepared and brought in from another
location; there would be no kitchen at the store; she spoke of additional on site trash receptacles.
Jim McMannis, 219 Glen Ridge Ave., spoke in favor of the proposal and noted that he frequented
this establishment at the location near his business.
Judy Wallace, 68 Ellenwood Ave., spoke in favor and noted that as a neighbor of this business she
would be using its services.
Ed Weaser, 95 Old Orchard, spoke in favor.
No one else from the audience addressed this issue.
Motion by Mr. Blanton, seconded by Mr. Attaway, to close the public hearing. Carried by a vote of
4 ayes. Mr. O'Laughlin absent.
Motion by Mr. Blanton, seconded by Mrs. Lubeck, to overturn the Planning Commission's decision
due to them not having the discretion to modify. Use permit should include: no kitchen on premises;
no food preparation on site; adequate trash receptacles in close proximity; no less than two thirds of
the sale space devoted to retail items which are not consumable on premises.
Council Comments: Council has set a policy to discourage the replacement of retail by restaurant
use and to discourage fast food operations. If something can be worked out to condition the space to
be a food emporium of retail food the applicant may ask for a continuance. Applicant did request an
appointment with the Mayor and Attorney to discuss the possibilities of a use permit which would
tightly define the projected use.
Motion by Mr. Blanton, seconded by Mrs. Lubeck, to withdraw the motion on the floor and to
continue this item to January 6, 1996 for further deliberation. Carried by a vote of 4 ayes. Mr.
O'Laughlin absent.
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HEARINGS CONTINUED
PARKING IN-LIEU FEES/BUILDINGS NORTH OF LOS GATOS SARATOGA ROAD (18.46)
HEARING/RESOLUTION 1996-153
Mayor Attaway stated that this was the time and place duly noted for public hearing to consider the
amount of the in-lieu fee for parking for nonconforming commercial properties located in the area
bounded by the westerly Town Limits, Los Gatos Saratoga Road, State Highway 17 and Andrews
Street. The recommended fee is $4,000 per space. The fee would be voluntary for owners of those
properties who wish to use this fee as a means to correct their property's parking deficiency.
The following people from the audience spoke to this issue:
Norm Matteoni, 1740 Technology Dr., San Jose, representing Walgreen's, asked for a reduction in the
proposed fee, citing figures supporting this request for a fee of $3,075.
Evelyn Yao, 17530 Elaine Court, M.S., expressed concern over the amount of the fee, and asked for a
reduction to $1,800 per space. She also asked if this fee would remain the same over a period of time.
Paul Shepherd, 135 Tait Ave., asked that the fees remain reasonable so as to encourage upgrading of
the properties.
No one else from the audience addressed this issue.
Motion by Mr. Blanton, seconded by Mrs. Lubeck, to close the public hearing. Carried by a vote of
4 ayes. Mr. O'Laughlin absent.
Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1996-153 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS ESTABLISHING THE PARKING IN-LIEU
PROGRAM FOR NON-CONFORMING DOWNTOWN PROPERTIES AS TO PARKING IN
THE VICINITY NORTH OF LOS GATOS-SARATOGA ROAD. Carried by a vote of 4 ayes.
Mr. O'Laughlin absent.
HVAC CONTRACTUAL SERVICES/ENVIRONMENTAL SYSTEMS, INC./BID AWARD (13.28)
This item was pulled from the Consent Items for discussion concerning the number of bids received.
Council Consensus to have more than one bid to choose from and to have Mr. Attaway work with
staff in amending the contract to be more attractive to bidders.
Motion by Mr. Attaway, seconded by Mrs. Lubeck, to reject the bid from Environmental Systems
and put the project out to bid again. Carried by a vote of 4 ayes. Mr. O'Laughlin absent.
BLOSSOM HILL ROAD 14975/REFUND OF APPEAL FEE (19.09)
Motion by Mrs. Lubeck, seconded by Mr. Blanton, to deny the request for a refund of an appeal fee.
Carried by a vote of 3 ayes. Mr. O'Laughlin absent. Mrs. Benjamin voted no.
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ACCESSORY STRUCTURES/SECONDARY DWELLING UNITS/PLANNING COMMISSION
POLICIES (20.46)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, to send this item back to the Planning
Commission to work on. To simplify the concept, noting that it only applies to the R1 Zone, and
making sure that the revisions contain no extra red tape or increased staff time.
9605 PROJECT/SIDEWALK RECONSTRUCTION/RESOLUTION 1996-154 (21.35)
Norb Witt, 284 Belblossom Way, spoke of hazardous conditions concerning his sidewalk and
driveway. He requested a small fix for the time being, like a saw cut in the curb, to help with the
water run off.
Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Resolution 1996-154
entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING PLANS AND
SPECIFICATIONS AND AUTHORIZING THE FUTURE ADVERTISEMENT FOR
PROJECT 9605 - BIANNUAL SIDEWALK REPLACEMENT PROGRAM. Carried by a vote
of 4 ayes. Mr. O'Laughlin absent.
COUNCIL COMMITTEE REPORTS (22.10)
Mayor Benjamin noted that she had received the new station plans for the Tasmin Corridor Light Rail
Project which will be with staff if anyone would like to review them.
COUNCIL RECESS
Motion by Mrs. Lubeck, seconded by Mr. Blanton, to call a short recess for staff to finalize the
amendments for Item 16. Carried by a vote of 4 ayes. Mr. O'Laughlin absent.
Mayor Benjamin reconvened the meeting.
UNIVERSITY AVENUE 50/OLD TOWN SHOPPING COMPLEX/ORDINANCE INTRODUCTION
TOWN CODE ZONE CHANGE/DOWNTOWN SPECIFIC PLAN (16.09)
The Town Clerk read the Title of the Draft Ordinance.
Motion by Mrs. Lubeck, seconded by Mr. Blanton, to waive the reading of the Draft Ordinance.
Carried by a vote of 4 ayes. Mr. O'Laughlin absent.
Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council introduce Draft Ordinance with the
noted changes and entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE
ZONING ORDINANCE EFFECTING A ZONE CHANGE FROM C-2 LHP TO C-2 PD LHP
AT 50 UNIVERSITY AVENUE, with the following amendments: Item 1, Section II, Paragraph 5,
adds number of seats at Steamer's and at the other existing restaurants; Item 2, Section 5, Paragraph
17, notes signs will not be lighted from the interior or made of translucent materials; Item 3, Section
V, New Paragraph after #65, "The westerly wall of the underground garage under Building E shall
contain a structurally accommodating designed section or sections that would accommodate being
knocked out for access to and from a possible future below-grade parking level on Town Parking Lot
#6. Carried by a vote of 4 ayes. Mr. O'Laughlin absent.
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ADJOURNMENT
Motion by Mrs. Lubeck, seconded by Mr. Blanton, that this evening's meeting be adjourned at 10:06
p.m. to Closed Session immediately following the Redevelopment Agency meeting. This meeting will
then be reconvened this evening and then adjourned to the meeting of December 9, 1996. Carried by
a vote of 4 ayes. Mr. O'Laughlin absent.
CLOSED SESSION REPORT
Mayor Benjamin reconvened the Regular Meeting at 10:35 p.m.
Town Attorney, Larry Anderson, gave the Closed Session report, noting that Council had met in
Closed Session pursuant to Government Code Section 54957 to discuss the Personnel Item of the
Town Attorney Recruitment. Council instructed Mr. Anderson and Town Manager, David Knapp,
concerning the process to be used and the advertising to be used in this recruitment.
ADJOURNMENT
Motion by Mrs. Lubeck, seconded by Mr. Attaway, to adjourn this meeting at 10:38 p.m. to the
Regular Adjourned Meeting of Monday, December 9, 1996 at 7:00 p.m. Carried by a vote of 4 ayes.
Mr. O'Laughlin absent.
ATTEST:
Marian V. Cosgrove
Town Clerk
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